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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Other orders related to maintenance of children

81: Maintenance order against natural parent

You could also call this:

"Asking the court for child support from a parent"

Illustration for Family Proceedings Act 1980

You can ask the court to make a maintenance order against a natural parent. The court may make this order if it thinks it is desirable and reasonable. The court considers things like the parents' income and needs. You can get a maintenance order to help pay for a child's care. The court decides how much money and for how long. The court can also say when and how the money is paid. If you get a maintenance order, it stops if you get married or enter a civil union or de facto relationship.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40878.

Topics:
Family and relationships > Children and parentingMoney and consumer rights > Support and maintenance
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80: Power of Family Court to make maintenance orders against natural parent, or

"The Family Court can order a parent to pay maintenance for their child."

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82: Interim maintenance, or

"Temporary money help while waiting for a final decision"

Part 6Maintenance of spouses and de facto partners
Other orders related to maintenance of children

81Maintenance order against natural parent

  1. On hearing an application under section 79, the court may, if it is satisfied that—

  2. it is desirable, in the interests of providing, or of reimbursing the applicant for having provided, adequate care for the child, to make a maintenance order; and
    1. it is reasonable to make a maintenance order, having regard to—
      1. the means, including the potential earning capacity, of each parent; and
        1. the reasonable needs of each parent; and
          1. the fact that the respondent is supporting any other person; and
            1. the financial and other responsibilities of each parent—
              2. make an order directing the respondent to pay to the applicant, for such period as the court thinks fit, such periodical or lump sum towards the future maintenance of the applicant as the court thinks fit, or such lump sum towards the past maintenance of the applicant as the court thinks fit.

            2. An order made under this section may be made subject to such other conditions as to payment as the court thinks fit.

            3. Unless an order under this section expires earlier, the order ceases to have effect if the person in whose favour it is made subsequently marries or enters into a civil union or a de facto relationship.

            Notes
            • Section 81 heading: amended, on , by section 12(2) of the Family Proceedings Amendment Act 2001 (2001 No 7).
            • Section 81(3): replaced, on , by section 12(1) of the Family Proceedings Amendment Act 2001 (2001 No 7).
            • Section 81(3): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).